Woodward & Lothrop Corp.

National Labor Relations Board - Board DecisionsNov 4, 1938

9 N.L.R.B. 640 (N.L.R.B. 1938)

In the Matter Of WOODWARD & LOTHROP CORPORATION and BUILDING SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL #82 Case No. C-1005.-Decided November 4, 1938 Retail Department Store Industry-Settlement : agreement to comply with Act-Order : entered on stipulation. Mr. Reeves R. Hilton, for the Board. Hogan cC Hartson, by Mr. Edmund L. Jones, and Mr. B. W. Parker, of Washington, D. C., for the respondent. Mr. Charles S. Baker; of Washington, D. C., for the intervenor. Mr. James Kimbro, of Washington, D. C., for the Union. Mr. Aaron Lewittes, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon charges and amended charges duly filed by Building Service Employees-International Union, Local #82, affiliated with the Ameri- can Federation of Labor, and herein called the Union, the National Labor Relations Board, herein called the Board, by William M. Aicher, Acting Regional Director for the Fifth Region ( Baltimore, Maryland), issued and duly served its complaint and amended com- plaint, dated respectively, July 28, 1938, and September 16, 1938, against Woodward & Lothrop Corporation, Washington, D. C., herein called the respondent, alleging that the respondent had engaged in and was engaging in unfair labor practices affecting commerce, within the meaning of Section 8 (1) and (2) and Section 2 (6) and (7) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. The amended complaint alleged in substance that the respondent dominated and interfered with the formation and administration of the Association of Woodlothian Employees, herein called the As- sociation, and contributed support thereto, and that the respondent interfered with, restrained, and coerced its employees in the exercise of their right to self-organization . The respondent did not file any answer to the complaint. 9N.L.R. B,No.58. 640 DECISIONS AND ORDERS 641 On- September 29, 1938, the Association 's motion , to intervene for the>purpose of entering into a stipulation , was granted by the Acting Regional Director. Pursuant to a notice of hearing and notices of postponement thereof, a hearing was held in Washington , D. C., on October 3, 1938, before Earl S . Bellman, the Trial Examiner duly designated by the Board . The Board , the respondent , and the Association were repre- sented by counsel . The Union was represented by its president. At the hearing, counsel for the Board , the respondent , the Associa- tion , and the Union entered into the following stipulation : STIPULATION It is hereby stipulated and agreed by and between Woodward & Lothrop, by Donald Woodward, its president (hereinafter called the Respondent), the Building Service Employees Inter- national Union, Local #82, by James Kimbro, president (here- inafter called the Union), the Association of Woodlothian Em- ployees, by Frederick N. Van Der Linden, president (hereinafter called the Association), and Reeves R. Hilton, Attorney, National Labor Relations Board, Fifth Region, as follows : - 1. That on or about March 29, 1938, the Union filed a charge with the Acting Regional Director of the National Labor Rela- tions Board for the Fifth Region alleging that the Respondent had engaged in and was engaging in unfair labor practices within the meaning of Section 8, subsections (1) and (2) of the National Labor Relations Act. That on or about July 28, 1938, the National Labor Relations Board by the Acting Regional Director for the Fifth Region duly issued and served upon the Respondent its complaint and notice of hearing thereon for Au- gust 11, 1938, at a designated time and place in the District of Columbia. That on or about August 5,'1938, the said Acting Regional Director, at the request of counsel for the Respondent, entered an order extending the time for filing an answer to the said complaint from August 6 to August 11, 1938; and indefinitely postponed the hearing thereon scheduled for August 11, 1938; and orders extending time for filing an answer from August 11 to September 13, 1938. That on or about August 15, 1938, the said Union filed with the Acting Regional Director of the Fifth Region of the Na- tional Labor Relations Board an amended charge alleging that Respondent had engaged in and was engaging in unfair labor practices within the meaning of Section 8, subsections (1), (2) and (3) of the said Act, and that said amended charge was subsequently withdrawn by the Union. 642 NATIONAL LABOR RELATIONS BOARD That on or, about September 14, 1938, the said Union filed with the Acting Regional Director of the Fifth Region a second amended charge alleging that the Respondent had engaged in and was engaging in unfair labor practices within the meaning of Section 8, subsections (1) and (2) of the said Act. That on or about September 16, 1938, the National. Labor Relations Board by its Acting Regional Director duly issued and served upon the .Respondent an amended complaint and notice of hearing thereon for October 3, 1938, at a designated time and place in the District of Columbia. That on or about September 29, 1938, the said Association duly filed with the Acting Regional Director for the Fifth Re- gion its petition for leave to intervene in the said proceeding for the purpose of entering into this stipulation. That on or about September 29, 1938, the Acting Regional Director for the Fifth -Region granted to the Association the right to intervene for the purpose of entering into the said stipulation. 2. The respondent is a corporation, having been duly incor- porated under the laws of the District of Columbia on or about December 31, 1906. The name of the corporation is Woodward & Lothrop, and is capitalized at $4,500,000.00. The officers of the corporation are : Donald Woodward, pres- ident; W. W. Everett, first vice president; G. N. Everett, second vice president and treasurer; P. Al. Talbott, third vice president and secretary. The directors of the corporation are : G. N. Everett, W. W. Everett, N. H. Luttrell, B. W. Parker, P. Al. Talbott, John Tyssowski, Luke W. Wilson, and Donald Woodward. The respondent is now and has been continuously engaged in the general department store business in the District of Colum- bia, having its place of business at Eleventh and F Streets, N. W. The building is owned by the respondent and is as- sessed by the Government of the District of Columbia at ap- proximately $5,000,000.00. The Respondent also owns, operates and maintains warehouses located in the District of Columbia at Ninth, Tenth, L and M Streets, N. W., assessed at approximately $41,000.00; Pierce, First and M Streets, N. E., assessed at ap- proximately $564,000.00; South Capitol, Canal and D Streets, S. W., assessed at approximately $208,000.00; 131 Al Street, N. E., now under construction, assessed at approximately $130,000.00. In the conduct of its business the Respondent purchases a great variety of goods, wares and merchandise for resale to the general public, such as furniture, radios, men's clothing, ladies' DECISIONS AND ORDERS 643 clothing, silverware, dishes and chinaware, and linens. Ap- proximately 85 per cent of all the purchases by the Respondent are made outside of the District of Columbia, principally in the eastern States of the United States, principally New York,. Maryland, Pennsylvania, Massachusetts, Connecticut, and New Jersey. For the fiscal year beginning February 1, 1937, and ending- January 31, 1938, the total purchases by the respondent were in excess of $9,000,000.00, of which 85 per cent was made outside of the District of Columbia. The goods, wares and merchandise thus purchased were shipped to the Respondent by motor truck, express, railroad, steamship and parcel post. The Respondent operates a large department store in the Dis- trict of Columbia and its customers are principally persons in the District of Columbia and the nearby States of Maryland and Virginia. The Respondent estimates that about 21,000 cus- tomers reside outside of the District of Columbia . For the above- period, the gross sales of the Respondent were in excess of $12,000,000.00. The Respondent owns and operates a fleet of approximately 45 trucks duly licensed by the District of Colum- bia for the delivery of packages to its customers in the District of Columbia and in nearby communities in the State of Mary- land and the State of Virginia. The Respondent also ships, packages to and for its customers in places outside the District of Columbia by express , railroad, steamship and U . S. parcel post. The Respondent leases space in its store to the U. S. Post Office Department which maintains a post office substation known as the "G Street Station." The Respondent advertises in all of the Washington news- papers and by booklets and letters. The Respondent normally employs approximately 2700 em- ployees. That during the peak seasons , namely, Christmas , Eas- ter, and anniversary sales, up to approximately 1600 temporary employees are engaged in addition to the normal force. The- annual pay roll is approximately $3,500,000. The Respondent is duly licensed to conduct its business in the- District of Columbia pursuant to the provisions of the District of Columbia Revenue Act. The Respondent admits that it is engaged in trade and traffic- in the District of Columbia within the meaning of Section 2 (6) of the National Labor Relations Act. 3. That the Union is a labor organization within the meaning of Section 2, subdivision (5) of the National Labor Relations. Act, and the Association is a labor organization within the mean-- 134068-30-vol rx--42 X644 NATIONAL LABOR RELATEONS BOARD ing of Section 2, subdivision (5) of the National Labor Rela- t ions Act. 4. That commencing in December 1937 until about April 1938 the following acts were committed by Respondent's supervisory -employees, all without the authority, knowledge or consent of any of the officers or directors of the Respondent : (a) Meetings of certain members of the Association were held on company property during store hours; (b) Certain members of the Association solicited other em- ployees to become members of the Association on Respondent's .property during working hours. (c) Certain employees of the Respondent collected dues from members of the Association on Respondent's property during working hours. (d) Distribution of printed copies of the Constitution and Bylaws of the Association and other printed matter relating to said Association. (e) That certain of the supervisory employees of Respondent without the authority, knowledge or consent of any of Respondent's officers or directors advised other employees of Respondent to become members of said Association, and not to join or retain their membership in said Union. 5. It is further stipulated and agreed that the record in this case shall consist of the charge, the complaint and notice of hearing, orders granting extension of time for filing answer, -notice of postponement, the amended charge, the second amended charge, the amended complaint and notice of hearing, the peti- tion for leave to intervene, the order granting leave to intervene and this stipulation. The facts set forth and agreed to in this stipulation shall be considered as fully and to the same degree as if testified to by competent witnesses duly sworn before a 'Trial Examiner of the Board and interrogated by the Board's counsel and cross-examined by Respondent's counsel and counsel for the Association. Having stipulated to the foregoing facts, the parties hereto waive their rights to a formal hearing except for the introduction in evidence of the pleadings and this stipulation. 6. On the basis of the foregoing facts, the pleadings, the entire record and this stipulation, the Respondent, the Union and the Association stipulate and agree, in order to bring about a har- monious settlement of this controversy in accordance with the National Labor Relations Act, that the Board may make find- ings of fact and conclusions of law and shall enter an order as follows : DECISIONS AND ORDERS ORDER 645 Upon the basis of the findings of fact and conclusions of law, and pursuant to Section 10 (c) of the National Labor Relations Act, the National Labor Relations Board hereby orders that the Respondent, its officers, agents, successors and assigns shall: 1. Cease and desist : (a) From in any manner discouraging membership in Building Service Employees International Union, Local #82, or any other labor organization of its employees; (b) From in any manner dominating or interfering with the administration of the Association of Woodlothian Employees, or any other labor organization of its em- ployees, and from contributing support to the Association of Woodlothian Employees, or to any other labor organi- zation of its employees; except that nothing in this para- graph shall prohibit the Respondent from permitting its employees to confer with it during working hours without loss of time or pay; (c) From giving effect to any collective bargaining con- tracts with the Association of Woodlothian Employees; (d) From in any other manner interfering with, re- straining, or coercing its employees in the exercise of their rights to self-organization, to form, join or assist labor organizations, to bargain collectively through representa- tives of their own choosing, and to engage in concerted activities for the purpose of collective bargaining and other mutual aid and protection, as guaranteed in Section 7 of the National Labor Relations Act. 2. Take the following affirmative action which the Na- tional Labor Relations Board finds will effectuate the policies of the Act : (a) Withdraw all recognition froi the Association of Woodlothian Employees as representative of any of its employees for the purpose of dealing with the Respondent concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work, and com- pletely disestablish the Association of Woodlothian Em- ployees as such representative; (b) Inform its supervisory employees that they are not to interfere with the rights of its employees as set forth in paragraph (d) above; 646 NATIONAL LABOR RELATIONS BOARD (c) Immediately post notices in conspicuous places throughout its store and warehouses and maintain such notices for a period of thirty (30) consecutive days, stat- ing (1) that the Respondent will cease and desist as afore- said, and (2) that the Respondent will withdraw all recog- nition from the Association of Woodlothian Employees as the representative of any of its employees for the purpose of dealing with the Respondent concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work, and that the Association of Wood- lothian Employees is disestablished as such representative; and (d) Notify the Acting Regional Director for the Fifth Region, in writing, within ten (10) days from the date of the Order what steps the,respondent has taken to comply herewith. 7. The Respondent hereby consents to the entry by an appro- priate Circuit Court of Appeals of the United States of a decree enforcing an order of the Board in the form above, and ex- pressly waives its right to contest the entry of any such decree, for a period of sixty (60) days from the date of the said order of the Board and in the event that the said Respondent has fully complied with the said order within the aforesaid time, then the Respondent shall thereafter have the right to contest any such application for the enforcement of said order. 8. All of the foregoing shall be subject to the approval of the Board. On October 31, 1938, the Board approved said stipulation and act- ing pursuant to Article II, Section 37, of National Labor Relations Board Rules and Regulations-Series 1, as amended, ordered the proceedings in the case transferred to and continued before the Board. - Upon the stipulation and the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE RESPONDENT The respondent, Woodward & Lothrop Corporation, is a corpora- tion organized under the laws of the District of Columbia, engaged in the general department store business in Washington, D. C. The respondent operates a large department store in the District of Columbia, in addition to several warehouses and a fleet of approxi- mately 45 trucks for deliveries in the District and in nearby coln- munities in the States of Maryland and Virginia. Its annual pay DECISIONS AND ORDERS 647 roll is approximately $3,500,000. Normally the respondent employs some 2,700 persons. In 1937 the respondent's purchases exceeded $9,000,000 and its sales $12,000,000. Eighty-five per cent of its pur- chases were made outside the District. About 21,000 customers re- side without the District. The respondent admits, and we find, that it is engaged in trade and traffic in the District of Columbia within the meaning of Section 2 (6) and (7) of the Act. II. THE ORGANIZATIONS INVOLVED Building Service Employees International Union, Local #82, affil- iated with the American Federation of Labor, and Association of Woodlothian Employees, unaffiliated, are labor organizations. III. THE UNFAIR LABOR PRACTICES Commencing in December 1937 until about April 1938 the follow- ing acts were committed by respondent's supervisory employees, all without the authority, knowledge or consent of any of the officers or directors of the respondent: (a) Meetings of certain members of the Association were held on company property during store hours; (b) Certain members of the Association solicited other employees to become members of the Association on respondent's property during working hours; (c) Certain employees of the respondent collected dues from mem- bers of the Association on respondent's property during working hours ; (d) Distribution of printed copies of the Constitution and Bylaws of the Association and other printed matter relating to said Association ; (e) That certain of the supervisory employees of respondent with- out the authority, knowledge, or consent of any of respondent's officers or directors advised other employees of respondent to become members of said Association, and not to join or retain their member- ship in said Union. Upon the basis of the above findings of fact and stipulation, and upon the entire record in the case, the Board makes the following : CONCLUSIONS OF LAW 1. Building Service Employees International Union, Local' #82, affiliated with the American Federation of Labor, is a labor organiza- tion within the meaning of Section 2 (5) of the Act. 2. Association of Woodlothian Employees is a labor organization within the meaning of Section 2 (5) of the Act. 648 NATIONAL LABOR RELATIONS BOARD 3. The respondent, by dominating and interfering with the forma- tion and administration of Association of Woodlothian Employees, and by contributing support thereto, has engaged in and is engaging in unfair labor practices, within the meaning of Section 8 (2) of the Act. 4. The respondent, by interfering with, restraining, and coercing its employees in the exercise of the rights guaranteed by Section 7 of the Act, has engaged in and is engaging in unfair labor practices within the meaning of Section 8 (1) of the Act. 5. The aforesaid labor practices are unfair labor practices affecting commerce within the meaning of Section 2 (6) and (7) of the Act. ORDER Upon the basis of the findings of fact and conclusions of law, and pursuant to Section 10 (c) of the National Labor Relations Act, the National Labor Relations Board hereby orders that the respondent, its officers, agents, successors, and assigns shall : 1. Cease and desist : (a) From in any manner discouraging membership in Building Service Employees International Union, Local #82, or any other labor organization of its employees; (b) From in any manner dominating or interfering with the ad- ministration of the Association of Woodlothian Employees, or any other labor organization of its employees, and from contributing sup- port to the Association of Woodlothian Employees, or to any other labor organization of its employees; except that nothing in this paragraph shall prohibit the respondent from permitting its em- ployees to confer with it during working hours without loss of time or pay; (c) From giving effect to any collective bargaining contracts with the Association of Woodlothian Employees ; (d) From in any other manner interfering with, restraining, or coercing its employees in' the exercise of their rights to self-organ- ization, to form, join, or assist labor organizations, to bargain col- lectively through representatives of their own choosing, and to engage in concerted activities for the purpose of collective bargaining and other mutual aid and protection, as guaranteed in Section 7 of the National Labor Relations Act. 2. Take the following affirmative action which the National Labor Relations Board finds will effectuate the policies of the Act : (a) Withdraw all recognition from the Association of Woodlothian Employees as representative of any of its employees for the purpose of dealing with the respondent concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work, DECISIONS AND ORDERS 649) and completely disestablish the Association of Woodlothian Em- ployees as such representative; (b) Inform its supervisory employees that they are not to interfere with the rights of its employees as set forth in paragraph 1 (d) above;. (c) Immediately post notices in conspicuous places throughout its store and warehouses and maintain such notices for a period of thirty (30) consecutive days, stating (1) that the respondent will cease- and desist as aforesaid, and (2) that the respondent will withdraw all recognition from the Association of Woodlothian Employees as- the representative of any of its employees for the purpose of dealing with the respondent concerning grievances, labor disputes,, wages, rates of pay, hours of employment, or conditions of work, and that the Association of Woodlothian Employees is disestab- lished as such representative; (d) Notify the Regional Director 1 for the Fifth Region, in writ- ing, within ten (10) days from the date of the Order what steps- the respondent has taken to comply herewith. 1 William M. Aicher , the Acting Regional Diiector at the time the stipulation was en- tered into , has since been duly designated as the Regional Director.